Bluffton Town Council has concluded that gaining a first-hand perspective is the most effective way to address noise issues in Old Town.

Council on Tuesday tabled a proposal that would revamp Bluffton’s noise ordinance by placing stronger limits on how late and how loud outdoor music can be played throughout the town. The vote was 4-1 with Fred Hamilton dissenting.

Instead, council decided to visit those businesses in the historic district where outdoor music is played as well as the homes of residents who consider the music too loud and invasive.

“This is simply a volume issue, and we need to figure out what volume is acceptable,” councilman Ted Huffman said. “This is something we should have done a long time ago. There’s a lot at stake here, and I’m disgusted that it’s gotten to this point of being back and forth. We could have already handled this in a much better way without the community being split apart.”

The proposed ordinance would prohibit outdoor noise before 10 a.m. and after 7 p.m. Sunday through Thursday, and before 10 a.m. and after 9 p.m. Friday and Saturday. That would be a sharp change from the current law, which bans outdoor music after 10 p.m. Sunday through Thursday and after midnight Friday and Saturday.

Furthermore, any outdoor music that is played during times allowable, but is “plainly audible” from an adjacent property or street, would be in violation. “Plainly audible” is defined in the proposal as any sound, other than unaided human conversation, that can be heard. And, Bluffton Police officers who respond to complaints wouldn’t have to decipher specific words or the artist performing the song, but would only need to hear bass or any other component of the music for it to be considered “plainly audible.”

Businesses would also be required under the ordinance to amend their licenses to allow outdoor entertainment. Those with outdoor entertainment licenses would be restricted to six special-events permits a year from the town.

Any individual or business in violation of the ordinance would be subject to a misdemeanor charge and a fine of up to $1,000. Repeat offenders could have the portion of their business license that allows for outdoor entertainment temporarily suspended or permanently revoked.

Exemptions to the rule would include athletic events sanctioned by either the town, Beaufort County or the Beaufort County School District.

Town staff drew up the proposed revisions after receiving feedback from a Nov. 20 public hearing on the issue by the town’s Planning Commission, the Dec. 10 council meeting and a recent survey by the police department of Old Town residents and businesses.

The proposal earned praise from a group of Old Town residents who have been calling on the town for the last several months to address what they deem to be excessive noise.

“The amendment as proposed would do a good job of resolving these key issues,” Calhoun Street resident Paige Camp said. “This is as much about restoring harmony between residents and businesses as it is enforcing enjoyment of one’s private property. Preserving Bluffton’s unique charm is the main goal here.”

But several people who work at and frequent the establishments called the proposal extreme and anti-business.

“This is ridiculous and has gone too far,” said Emily Burden, an Old Town resident and owner of Gigi’s Boutique on Calhoun Street. “This would affect every restaurant in the area in a bad way economically. I would hate to see live music taken away because of a handful of complaints about one restaurant.”

Opponents also took exception to a provision that prohibits “yelling, shouting, or other loud, unnecessary noises or vibrations” that are considered plainly audible. They contend that means children playing in a back yard could technically be in violation.

Town attorney Terry Finger disagreed, though, saying that was not the intent of the provision.

“There is language in the ordinance that allows for the enjoyment of one’s private property,” he said.

Council made the decision to visit the homes and restaurants after Old Town Dispensary co-owner Matt Jording said he was experimenting with installing computerized volume control on his establishment’s speakers. The devices, which Jording said are valued at around $300, set the volume on speakers to a certain level that can only be altered by the software company.

“Once that level is set, it’s set; not even a business owner could turn the volume up,” said Jording, who has already installed the devices at his Hilton Head Island restaurant. “This could all be completely installed within a day. We haven’t done the installation (at the Dispensary) yet because we’ve been waiting to see what council decided was an acceptable volume level.

The Dispensary, located on Calhoun Street, has been a primary target of complaints among residents who say it violates the current ordinance by playing music past the hours allowable. Jording has maintained at previous council meetings and public hearings that the restaurant abides by the current law and generally does not invite back those entertainers who receive a noise complaint.

“There are nights we deserve the complaints and nights we don’t deserve the complaints,” he said. “That’s what we need to figure out, what volume is acceptable.”

Mayor Lisa Sulka said a time has not been set for when council will make the visits.

In other business, council:

• Swore in new councilmen Larry Toomer and Fred Hamilton. Toomer won the Nov. 5 general election, while Raymond, a former two-term councilman and mayor pro-tem, defeated incumbent Mike Raymond in a Nov. 19 runoff. Also, Huffman was named the new mayor pro-tem, replacing former councilman Oliver Brown.

• Approved first reading of a Beaufort County School District request for the town to annex just under 53 acres of land the district owns on Davis Road north of Bluffton Parkway. The district is using the site to build a new $23 million pre-kindergarten through eighth grade school, scheduled to open in August 2015, that will initially enroll about 1,200 students and will house up to 1,400. The request will be discussed further by the Planning Commission and then go to council for second and final reading at a joint public hearing on Jan. 22.

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If ever there is a perfect example of why and how small town governments are a waste of money and time.....this is it. I suspect they were all here during the holidays and could have done their research then. Turn down the volume to exceptable levels. What is so hard about it?
This is being drown out for no real good reason than to look official, meaning zero responsibility.

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